T2-74 Ordinance No. T2-74
edik AN ORDINANCE
ESTABLISHING A SPECIAL SERVICE AREA IN THE CITY OF ELGIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. Authority. That a special service area is hereby established
pursuant to the provisions of Article VII, Sections 6A and 6L of the Constitution
of the State of Illinois and pursuant to:
"An Act to provide the manner of levying or imposing
taxes for the provision of special services to areas
within the boundaries of home rule units and non-home
rule municipalities and counties." (Public Act 78-901)
Section 2. Findings.
A. That the question of the establishment of the area hereinafter described
as a special service area was considered by the City Council of the City of Elgin
pursuant to a resolution passed January 9, 1974 and entitled: "Resolution Setting
a Public Hearing to Consider Formation of a Special Service Area and the Levy of
Taxes" and considered at a public hearing held on February 6, 1974 by the City
Council pursuant to Notice duly published in Daily Courier News, January 21, 1974,
a newspaper of general circulation published in the City of Elgin, at least fifteen
(15) days prior to the hearing and pursuant to Notice by mail addressed to the per-
son or persons in whose name the general taxes for the last preceding year were
paid on each lot, block, tract or parcel of land lying within the proposed special
service area. Further that said Notice was given by depositing said Notice in the
United States mails not less than ten (10) days prior to the time set for the
public hearing; in the event taxes for the last preceding year were not paid, the
said Notice was sent to the person last listed on the tax rolls prior to that year
as the owner of said property. A Certificate of Publication of said Notice and an
Affidavit of Mailing of said Notice are attached to this Ordinance as Exhibits 1 and
2. Said Notices conformed in all respects to the requirements of Section 5 of
Public Act 78-901, aforesaid.
B. That a public hearing on the question set forth in the Notice was held
on February 6, 1974. All interested persons were given an opportunity to be
heard on the question of the creation of the special service area and on the
question of the levy of taxes upon real estate or personalty within the proposed
special service area for the payment for professional services necessary for the
design and engineering of a shopping mall within said special service area in the
amount of $110,000.00, as set forth in the Notice. The City Council considered
questions raised at the hearing regarding the purpose of the formation of the
district and the need for design and engineering services and the methods of
financing. That the purpose of the hearing was announced, the rights of objectors
explained and the area to be included within the special service area was described
and the sequence of events explained. Letters of objection were received from
Great States, Inc. , a tenant of property located within the proposed special
service area and from Frank D. Fuller, a property owner, W. Marshall D. Schneider,
a property owner, appeared and voiced objection to the proposed special service
area. A representative of the Union National Bank inquired about inclusion of
its drive-in facility in the proposed special service area. Discussion of the
proposed special service area followed.
A
C. That following the public hearing to consider the formation of the
special service area and the levy of taxes, written objections were received
by the City Clerk from Marshall D. Schneider objecting to the proposals and
from the Union National Bank objecting to the inclusion of its drive-up
facility in the proposed special service area.
D. That no petition signed by 51% of the electors residing within the
proposed special service area and by at least 51% of the owners of record
of the land included within the boundaries of the special service area proposed
was filed with the City Clerk within 30 days following the public hearing
objecting to the formation of said special service area or the levy of taxes
as proposed.
E. That the City Council finds that it is in the public interest and in
the interest of the special service area proposed deleting from said area the
drive-in facilities of the Union National Bank and of the First National Bank
of Elgin, and as hereinafter described, be established.
F. That said area to be included in the special service area is compact
and contiguous and constitutes the principal shopping area of the City of
Elgin.
G. That it is in the best interest of said special service area that the
furnishing of the municipal services proposed be provided for the common interests
of said area.
H. That said area is zoned for commercial purposes and will benefit
specially from municipal services proposed to be provided. The proposed muni-
cipal services are unique and in addition to the municipal services provided
to the City of Elgin as a whole.
Section 3. City of Elgin Special Service Area Established. A special
service area to be known and designated as "City of Elgin Special Service Area
Number One" is hereby established and shall consist of the following described
territory:
That part of the Central Business District of the City of
Elgin being situated in parts of the East Half of Section 14,
Township 41 North, Range 8 East of the Third Principal Meridian
and the Southwest Quarter of Section 13 Township and Range afore-
said being more particularly described as follows: Commencing at
the Southeast Corner of the Northeast Quarter of said Section 14,
thence Northerly along the East Line of said Section for a distance
of 33 Feet to a point on the Northerly right-of-way line of East
Chicago Street, thence Westerly 154 Feet to a place of beginning:
thence Southerly 66 Feet more or less to a point on the Southerly
right-of-way line of Chicago Street, said line also being the
Northerly Line of Block 15 of J. T. Gifford's Plat, being located
at the Northeast Corner of M. C. Town's Subdivision of Lot 5 of
J. T. Gifford's Plat, thence Southerly along the East Line of M. C.
Town's Subdivision for a distance of 132.0 Feet, thence Easterly
along the Northerly Line of Lots 6, 7, 8 and 9 a distance of 264 Feet
more or less to the Easterly line of said Block 15, thence Southerly
rft along the said East Line a distance of 132.0 Feet to the Southeasterly
Corner of said Block, thence Southerly in a straight line 66 Feet to
the Northeasterly Corner of T. 0. Trigg's Subdivision of Block 14 of
J. T. Gifford's Plat, thence Southerly along the Easterly Line of
said subdivision a distance of 72.0 Feet, thence Westerly along the
Southerly Line of Lot 4 of said subdivision of Block 14 for a distance
of 56 Feet to the Westerly Line of said Lot 4, thence Northerly
along said Westerly Line for a dista.ice of 8 Feet to the South
eir Line of Lot 3 of said subdivision of Bloc'.c 14, thence Westerly
along said Line a distance of 10 Feet to a point on the East
Line of Lot 2 of Block 14 of J. T. Gifford's Plat, thence
Southerly along said Lot Line for a distance of 68.0 Feet more
or less to a point on the North Line of Lot 3 of said Block 14,
thence Easterly along the said North Line to the East Line of
Block 14, thence Southerly along said East Line to the Southeast
Corner of said Block 14, thence Easterly 66.0 Feet to the Southwest
Corner of Block 12 of J. T. Gifford's Plat, thence Southerly 66.0
Feet to the Northwest Corner of Block 13 of J. T. Gifford's Plat,
thence Easterly along the North Line of said Block 13 for a distance
of 207 Feet more or less to the Northeast Corner of Lot 7, thence
Southerly along the East Line of Lot 7 a distance of 132 Feet to the
Northwest Corner of Lot 10, thence East along the North Line of Lot
10 for a distance of 66.0 Feet to the Northeast Corner of said Lot
10, thence South along the East Line of Lot 10 for a distance of
132.0 Feet to a point on the South Line of said Block 13, thence
continuing in a straight line in a Southerly direction for a distance
of 66.0 Feet to a point on the North Line of Block A of Davidson's
Grove Avenue Subdivision of Block 1 of 0. Davidson's Addition, thence
Westernly for a distance of 60 Feet more or less along said North
Line to the Northwesterly Corner of said block, thence continuing
in a Westerly direction along said Northerly Line extended a distance
of 90 Feet more or less to the Northeast Corner of Outlot 26 of
J. T. Gifford's Addition, thence Westerly along the North Line of Out-
lot 26 for a distance of 215 Feet to the Northwest Corner of said
Outlot, thence in a Northwesterly direction in a straight line for
a distance of 85 Feet more or less to the Southwest Corner of Block 21
of J. T. Gifford's Plat, thence Northwesterly along the Westerly
Line of Block 21, said Line also being the Easterly right-of-way line
of Riverside Drive, for a distance of 945.50 Feet more or less to the
Southwest Corner of Lot 10 of B. W. Raymond's Subdivision of said
Block 21, thence Easterly along the South Line of said Lot 10 for
a distance of 77.07 Feet more or less to a point, thence Northerly
along a straight line parallel and adjacent to the West wall of the
First National Bank of Elgin a distance of 100.75 Feet more or less
to a point, thence along a line that forms a right angle to the pro-
longation of the last described course a distance of 22.67 Feet more or
less to the west wall of the First National Bank of Elgin, thence
Northerly along said West wall a distance of 90 Feet more or less to the
Southerly right-of-way line of Chicago Street, thence in a straight
line in a Northerly direction to a point on the Northerly right-of-way
line of Chicago Street, said point being 64.8 Feet more or less from
the intersection of the Northerly right-of-way line of Chicago Street
with the Westerly right-of-way line of Grove Avenue, thence Easterly
along the Northerly right-of-way line of Chicago Street 323.5 Feet
more or less to the place of beginning.
All of the above described property being situated in Elgin
Township, Kane County, Illinois.
. _ _
Section 4. Purpose of Area. That City of Elgin Special Service Area
Number One is established to provide special municipal services to said
area in addition to services provided to the City generally. Included in
said services shall be the execution of a contract by and between the
City of Elgin and qualified professional consultants for professional
services in the preparation of the design and engineering of a public
improvement in the nature of a shopping mall within the Central Business
District and including pedestrian walkways, landscaping, curbing, reloca-
tion of utilities, relocation of streets, installation of traffic systems,
lighting, paving, graphics and other incidental improvements all to be
constructed on existing public property to be acquired by the City of
Elgin for these purposes. City of Elgin Special Service Area Number One
is also created so that taxes may be levied on property in the special
service area in addition to all other City of Elgin taxes so levied, for
payment for said design and engineering services in the amount of $110,000.00.
Section 5. That a certified copy of this ordinance including an
accurate map of the boundaries of the special service area herein created
shall be filed with the County Clerk of Kane County.
Section 6. Effective Date. That this ordinance shall be in full force
and effect upon its passage and approval in the manner provided by law.
s/ W. E. Rauschenberger
W. E. Rauschenberger, Mayor
Presented: March 13, 1974
Passed: March 13, 1974
Vote: Yeas 4 Nays 3
Recorded: March 13, 1974
Published: March 13, 1974
Attest:
s/ Margaret A. Glink
Margaret A. Glink, City Clerk
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